Former San Mateo County sheriff's deputy sued for allegedly beating up ex-girlfriend's old beau in jealous rage

By Bonnie Eslinger

Daily News Staff Writer

Posted:
07/23/2014 05:00:00 AM PDT

A former San Mateo County sheriff's deputy is being sued by a man he allegedly beat up in a jealous fit of rage -- his ex-girlfriend's old boyfriend.

Colin Troy Smith, 43, of San Carlos, also faces criminal charges for the Aug. 17, 2013, incident. He initially was charged with felony assault, burglary and battery causing serious bodily injury, and later with additional counts of dissuading a witness, committing a felony while out on bail and violating a restraining order. His trial is scheduled to start on Aug. 18, according to the San Mateo County District Attorney's Office. If convicted, he could get up to 10 years of prison time.

The suit filed by Redwood City resident Erik Hartelius, 27, claims that a jealously angry Smith "punched, kicked and kneed" him repeatedly while he "cowered on the floor" and made no attempt to fight back. The beating occurred at the Redwood City home of Smith's former girlfriend, Zandra Elkholm, a night after the deputy stalked the 31-year-old woman and sent her angry text messages while on duty and in uniform.

The complaint, filed in San Mateo County Superior Court, also names the county as a defendant, stating that Smith committed the assault and battery "while in the scope and court of his employment."

The suit also includes a copy of the Redwood City Police Department's report of the incident and screenshots of Elkholm's phone showing the text messages exchanged before and after the alleged beating.

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According to the report, Smith told police he was working his patrol shift on the night of Aug. 16 when he drove by Bobby D's Cocktail Lounge in Redwood City and got upset upon seeing Elkholm standing outside talking with another man. He stopped his vehicle, confronted Elkholm and then left.

Later in the evening, Smith drove by another Redwood City bar, the Underground Pub, and saw Elkholm out front acting in a "flirtatious" way with Hartelius, her ex-boyfriend. Smith again got out of his patrol car to question "Elkholm's intention with their relationship," according to the police report.

After finishing his shift at 6 a.m. the next day, Smith said he went to the Orchid Room Bar in San Carlos and had a couple of drinks before going to Elkholm's apartment. Smith told police that although he went looking through the house for Hartelius and found him in the bathroom, he didn't start the fight.

Only after Hartelius struck him once on the left side of his head did he punch the 27-year-old in the face "three to four times before Erik fell to the floor," Smith told police.

Smith did not have any fresh visible injuries on his face that afternoon when he was interviewed by investigators. Hartelius suffered a black eye, a concussion, a fractured nose and eye socket, and cuts to his eyelid and upper lip that required stitches, Sequoia Hospital medical staff told police.

An officer retrieved call logs and text messages from Smith's cellphone, which showed that Smith called Elkholm 15 times during his shift, between 1:21 and 4:19 a.m. She didn't answer 13 of the calls. The two also texted through the night of Aug. 16 and into the morning of Aug. 17. During the exchanges, Elkholm told Smith she was at Bobby D's and he responded by asking, "Alone? Alone? Are you with someone?"

Later, at 3:45 a.m., Elkholm told Smith that she was at home in bed, alone, with Hartelius outside "passed out in his truck." Smith responded with a tirade of messages, accusing Elkholm of sleeping with Hartelius. When she didn't respond, he said, "Answer the phone or I'm coming back up, I'm about to lose my mind." A few minutes later, at 4:31 a.m., Smith wrote, "I'll be there when I get off, I suggest he be gone."

After the alleged assault, Elkholm sent Smith a text saying "You broke his nose and f....d up bad." Smith replied: "I don't know what you're talking about. Who is this?"